(a) Inoperable Vehicle Defined. As used in this section, “inoperable vehicle” means any motor vehicle which meets one of the following requirements:
(1) It does not display a valid license plate and is in either wrecked, partially wrecked, dismantled, partially dismantled or discarded condition, or is incapable of being driven.
(2) It is wrecked, partially wrecked, dismantled, partially dismantled, discarded or incapable of being driven, and has remained in such a condition for a continuous period of fourteen days.
(b) Declaration of Nuisance; Exceptions.
(1) The location or presence of any inoperable vehicle on any lot, tract or parcel of land, or portion thereof, within the City, shall be deemed a public nuisance. No person shall cause or maintain such a public nuisance by abandoning or discarding his or her inoperable vehicle on the property of another, or by suffering, permitting or allowing the same to be placed, located or maintained or to exist upon his or her own real property.
(2) This section shall not apply to vehicles stored inside a garage, in a licensed towing service facility, in a licensed motor vehicle salvage facility, in a licensed scrap processing yard, in a licensed auto repair garage yard, in a licensed paint spray shop yard, in a licensed gasoline station yard, in a licensed vehicle dealership yard or in any other lawful storage area not within the public view.
(c) Notice to Remove.
(1) Whenever such a public nuisance exists, a police officer shall give notice to the owner of the real property whereon such public nuisance exists to abate or remove the same. Such notice and order shall state:
A. The nature of the public nuisance;
B. A description of and the location of the motor vehicle;
C. A statement that the motor vehicle must be removed from the premises within fourteen days after service of such notice and order or the same will be removed by the City;
D. A statement that removal of the vehicle must be to a location permitted by division (b)(2) of this section;
E. A statement of the penalties provided for noncompliance;
F. A statement that the property owner will be assessed the cost incurred by the City in removing and storing the vehicle; and
G. A statement that any request for a hearing must be made to the Director of Public Safety within fourteen days after service of such notice and order.
(2) Such notice and order shall be served upon the record owner of the property in question, either personally or by leaving a copy at the usual place of residence or business of such owner or at the address of such owner as shown in the office of the County Treasurer, or by mailing a copy to such owner at such place or address by U.S. certified mail, return receipt. If service of such written notice and order is unable to be made by any of such methods, then the Director shall cause such notice and order to be published in a newspaper of general circulation in the City once each week for two consecutive weeks, and shall further cause a copy of such notice and order to be left with the person, if any, in possession of such premises, or, if there is no person in possession thereof, the Director shall cause a copy of the notice and order to be posted on such premises.
(3) If the record owner of the property, within fourteen days after receipt of such notice and order, notifies the Director that the inoperable vehicle is either an abandoned vehicle or an abandoned junk motor vehicle which has been left on his or her property without permission of the person having the right to possession of the property, and if such record owner requests the removal of such vehicle, the Director shall cause the vehicle to be removed pursuant to Ohio R.C. 4513.60 or 4513.63, respectively.
(4) In the absence of a request for a hearing or compliance with the notice and order, the Director shall, at the expiration of the fourteen-day period provided in the notice and order served upon the record owner of the property, remove such vehicle for the preservation of the life, health, comfort and safety of the public. If a hearing is requested by the property owner prior to the removal of the vehicle as a public nuisance, such a hearing shall be held before the City Attorney or his or her designee within five days of the property owner's request.
(d) Penalty. Whoever violates division (b) of this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02.
(Ord. 85-20. Passed 5-9-85; Ord. 2002-32. Passed 6-27-02.)